Do I need to pay double wages for re signing an employment contract?

Double wages are still required for the re-signing of the labor contract. The original intention of the relevant provisions of the Labor Contract Law is to encourage employers and employees to sign labor contracts in a timely manner, and to punish those who do not sign or do not sign labor contracts in a timely manner. Retrospective signing does not erase the fact that the employment contract has not been signed within one month.

Liability for not having previously signed a contract cannot be exempted.

Legal basis] Article 6 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Legal analysis: If both parties voluntarily sign the contract for the period of time that has not been signed, they do not need to pay double wages.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

No need, the labor contract has been signed, it already has a certain legal effect, and the enterprise is also very formal, and there is no need for compensation.

Of course, double wages need to be paid, because this double salary is compensated for the time before the contract is signed.

After signing the labor contract, there is no need to pay double wages, because there is already a labor contract, so the salary is still normal.

This matter should be analyzed on a case-by-case basis, because each company has its own rules and regulations. Therefore, some companies do not need to pay double wages after signing the labor contract.

A brief analysis of the law: 1It depends.

2.If both parties voluntarily re-sign the unsigned contract for the duration of the contract, they do not have to pay double wages.

3.If the starting time of the re-signed employment contract is within one month after employment, or within one month after the expiration of the previous employment contract, the employer does not have to pay twice the salary of the unsigned written employment contract.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Paragraph 1 of Article 6 of the Regulations for the Implementation of the Labor Contract Law stipulates that: "If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law, so that it can claim it."

Do I need to pay double wages for re-signing an employment contract?

Paragraph 1 of Article 6 of the Regulations for the Implementation of the Labor Contract Law stipulates that: "If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Contract Law. If the employer fails to conclude a written labor contract with the employee within the statutory time limit, the employer must make up a written labor contract with the employee and pay double wages, that is, "paying double salary" and "signing a supplementary contract" are not two issues, but the responsibilities that the employer should bear together.

In other words, the replacement of the employment contract is not an excuse for the processing plant not to pay you double the salary.

An employment contract refers to an agreement between an employee and an employer that establishes a labor relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

According to Article 14 of the Labor Contract Law, an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

There will be a lot of differences in the law in the case of re-signing the labor contract, but Huiqitan is a specific detail operation, and it needs to be reasonably disposed of in accordance with the relevant laws and regulations, otherwise the protection of their rights and interests will lose its positive significance, but what needs to be understood is whether the relevant enterprises have certain restrictions on the procedure to minimize the occurrence of unnecessary errors.

After the re-signing of the employment contract, it is still necessary to pay double the salary for the period of the de facto employment relationship before the re-signing. However, if both the employer and the employee agree to sign the labor contract, and the labor contract covers the period of the de facto employment relationship, the employer and the employee are not required to pay double wages.

1. What should I do if I join the company and don't sign the contract?

If the company has not signed a written employment contract with the employee within one month to one year from the date of establishment of the employment relationship, the employee shall be paid twice the salary every month from the second month. If it is not signed after the full year, it will be deemed to have entered into an indefinite labor contract. Therefore, if this situation occurs, the employee can claim double the salary from the employer.

Specifically, this right can be asserted by reporting to the labor administrative department, applying for labor arbitration, civil litigation, etc. Workers can file a complaint with the local labor inspection team and ask the company to pay double their wages. How to deal with the company's failure to sign a labor contract:

1. Put forward a request to ask the unit to sign a labor contract; 2. If the employer does not sign the contract, it can file a labor arbitration to require the unit to pay double wages. Moreover, it is illegal for the company to not sign a labor contract with the employee. If you want to re-sign the labor contract now, you can.

2. Is it reasonable to deduct money for resignation?

According to the Notice on Matters Concerning the Establishment of Labor Relations, if the employer has not signed a labor contract with the employee, but the employee and the employer have a de facto labor relationship, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through negotiation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship. If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of continuous service in the employer, and half a month's salary for less than half a year.

3. Is it legal to re-sign a labor contract?

Secondly, the company and the employee shall sign a supplementary labor contract, and the contract shall specify that the term of the labor contract shall start from the date of establishment of the labor relationship between the two parties. Although the company has not signed a written labor contract with the employee within one month from the date of establishment of the labor relationship between the two parties, in the supplementary contract, the term of the labor contract agreed by the two parties shall start from the date of establishment of the labor relationship between the two parties, and the act shall be regarded as a labor contract signed by the labor contract by mutual agreement, and the rights and obligations shall also apply to the duration of the labor relationship before the labor contract is signed. Moreover, the retrospective recognition makes the existence of the labor relationship before the parties sign the labor contract also subject to the rights and obligations stipulated in the labor contract.

Therefore, the company will not be liable to pay the employee double the difference in wages. Therefore, it is best to negotiate with the employer when signing a dull labor contract.

According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

1. The employee does not sign a labor contract with the employer, and the employer does not need to pay the employee economic compensation after the re-signing.

2. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employee shall still be paid twice the monthly salary after the re-signing.

If a worker does not sign a written labor contract for more than one year, in addition to paying 11 months of double wages, he or she shall also be deemed to have signed an indefinite labor contract.

Legal basis

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay twice the monthly salary of the employee who fails to answer from the date on which the indefinite-term labor contract should be concluded.